by law he can't be sent to guantanamo bay, can't be tried in a military commission. there are cases where americans were deemed enemy combatants and tried to federal court. jose padilla for one. in the case of dzhokhar tsarnaev authorities have not found a link to an al-qaeda-linked group, and therefore no court in the u.s. would necessarily uphold the president as commander in chief as designating him an enemy combatant. legally this would be shaky, i'm told, by experts. even if the alleged bomber is deemed an enemy combatant, he still has a right to an attorney. he doesn't have to talk unless he wants to. there are limited means that u.s. interrogators have at their disposal. >> that 48-hour is not an absolute fixed time period. oh, by the way, even in military commissions, which have not secured any convictions really against anyone since 9/11 there's a right to counsel and there are procedures, too, all of which keep getting tested. >> enemy combatants having nothing to do with military commissions. >> the question the justice department refuses to answer is whet